CGT during divorce or separation

If you are part of a couple that is about to separate or divorce, apart from the emotional stress, there are also tax issues that can have significant implications. Whilst this is unlikely to be uppermost in your mind it is important that the tax consequences of the break-up are considered.

Income Tax does not automatically cause an issue for separating couples as it is an individually assessed tax, however, there are other taxes that need to be considered. For example, when a couple are together there is no Capital Gains Tax (CGT) payable on assets gifted or sold to your spouse or civil partner. But if a couple separate and do not live together for an entire tax year or are divorced then CGT may be payable on assets transferred between ex-partners.

It is also important to reach a financial agreement acceptable to both parties. If no agreement can be reached, then applying to the courts to make a 'financial order' will usually be required. The couple and their advisers should also give proper thought to what will happen to the family home, any family businesses as well as any inheritance tax implications.

Source:HM Revenue & Customs| 27-06-2022

Taxpayers who return to the UK

There are tax implications that you will need to consider if you previously left the UK to live abroad and are now either returning to live and work in the UK or are considering such a move.

In most cases, if you have returned to live in the UK you will be classed as resident in the UK and will be required to pay UK tax on your UK income and gains and any foreign income and gains.

Your exact liability to Income Tax will depend on whether you are resident and / or ordinarily resident and / or domiciled in the UK. For example, you may not be liable to UK tax on foreign income and gains if your domicile remains outside of the UK. The domicile rules are complex, and you must give consideration if affected.

When you return to the UK, you will need to register for Self-Assessment if required to do so, for example, if you are self-employed or have income / gains from abroad to report to HMRC. You would not usually be required to register for Self-Assessment if you are returning to the UK to accept a job as an employee and do not have other income to report.

If you had moved abroad and returned to the UK after a period of less than 5 years (temporary non-residence) you may have to pay tax on certain income or gains made while you were non-resident. This does not include wages or other employment income. If you were away from the UK for less than a full tax year then you will usually be liable to pay UK tax on any foreign income for the entire time you were away.

Source:HM Revenue & Customs| 27-06-2022

Corporation Tax – marginal relief from 1 April 2023

The Corporation Tax main rate will increase to 25% from 1 April 2023 for companies with profits over £250,000. A Small Profits Rate (SPR) of 19% will also be introduced from the same date for companies with profits of up to £50,000 ensuring these companies pay Corporation Tax at the same rate as currently.

Where a company has profits between £50,000 and £250,000, a marginal rate of Corporation Tax will apply that bridges the gap between the lower and upper limits. The lower and upper limits will be proportionately reduced for short accounting periods of less than 12 months and where there are associated companies.

The effect of marginal relief is that the effective rate of Corporation Tax gradually increases from 19% where profits are £50,000 or less to 25% where profits are more than £250,000.

The amount of tax you pay will be found by multiplying your profits by the main rate of 25% and deducting marginal relief. For the fiscal year 2023, the marginal relief fraction is 3/200.

Source:HM Revenue & Customs| 27-06-2022

Claiming Child Trust Fund cash

HMRC has published their latest statistics on Child Trust Funds which reveal that whilst 320,000 accounts have now matured, 175,000 funds that have matured remain unclaimed.

If you turned 18 on or after 1 September 2020 there may be cash waiting for you in a dormant Child Trust Fund (CTF). If your children recently turned 18 you should also check if they have claimed the money to which they are entitled. The average market value of a matured but not withdrawn account was £2,142 and for a withdrawn account, was £2,721. The actual amount of money depends on a number of factors.

Children born after 31 August 2002 and before 3 January 2011 were entitled to a CTF account provided they met the necessary conditions. These funds were invested in long-term saving accounts for newly born children. 

Seven million CTF accounts were set up since the scheme was launched in 2002, roughly 6 million by parents or guardians and a further 1 million by HMRC where parents or guardians did not open an account.

Around 55,000 accounts mature each month and HMRC has created a simple online tool to help young people find out where their account is held. If you are unsure if you have an account or where it may be, it is easy to track down your provider online.

The actual CTF accounts are not held by HMRC, but by a number of CTF providers who are financial services firms. Anyone can pay into the account, with an annual limit of £9,000, and there is no tax to pay on the CTF savings interest or profit.

Source:HM Revenue & Customs| 27-06-2022

Concerns about tax repayment agents

HMRC has launched a new consultation seeking views on proposed measures to address consumer protection issues for people who claim tax refunds through repayment agents. The 12-week consultation period started on 22 June and will end on 14 September 2022. HMRC is looking to introduce new measures to stop rip-off agents taking advantage of people and pocketing their tax repayments. 

HMRC has received increasing numbers of complaints from taxpayers who have used ‘repayment agents’. These are generally agents helping taxpayers and businesses make claims to HMRC that result in a tax repayment as their main service, without providing wider tax or accountancy services.

These businesses are often virtual, advertising on social media, and tend to operate a no-win no-fee commission-based structure with large volumes of relatively low value claims. The fees they charge are often opaque and can result in half, or even more, of a tax repayment being lost to the claimant.

HMRC’s Director General for Customer Strategy and Tax Design, said:

'We want to make sure taxpayers receive their full tax claims – putting 100% of the money they are due into their pockets – and not be taken in by the unscrupulous practices of some Repayment Agents.'

This consultation will seek views on:

  • restricting the use of assignments, where contracts legally transfer the right to a repayment from a taxpayer to an agent.
  • introducing measures designed to ensure taxpayers see material information about a repayment agent’s service before entering into a contractual agreement.
  • requiring repayment agents to register with HMRC.
Source:HM Revenue & Customs| 27-06-2022

Potential tax demand scam

The Office of Tax Simplification (OTS) is a well-known organisation that provides independent advice to the government on simplifying the UK tax system. 

The OTS has issued a press release to warn of a potential new tax scam that is using the OTS logo. 

The press release reads as follows:

We have been made aware of people receiving correspondence using the Office of Tax Simplification (OTS) logo and signatures to request payment of ‘tax’. The OTS is not a tax collection agency, and the correspondence is not legitimate.

If you receive any demand for payment of any kind claiming to be from the OTS, you should report it to the National Cyber Security Centre by forwarding the email to report@phishing.gov.uk.

When the OTS was established, it was as a temporary office of HM Treasury, but Finance Act 2016 confirmed the government’s decision to provide for the permanent establishment of the OTS in statute. 

Source:Other| 27-06-2022

Notifying cessation of self-employment

Any taxpayers that have ceased to be self-employed must notify HMRC of their change in status. There are a number of steps that must be followed if a taxpayer ceases trading as a sole trader or if they are ending or leaving a business partnership.

Taxpayers must send in a Self-Assessment return by the relevant deadline and will need to work out their trading income, allowable expenses and any capital allowances. Taxpayers must also determine if they have any Capital Gains Tax (CGT) to pay.

They may also be able to claim back any overpaid tax or National Insurance. It is also important to check if there is an entitlement to tax relief by way of entrepreneurs’ relief, overlap relief and / or terminal loss relief. There are also other reliefs available that may reduce the amount of CGT due.

Taxpayers that owe tax or National Insurance and have difficulty paying it, may be able to negotiate an agreement with HMRC for more time to pay. In addition, where a VAT registration was in place this will also need to be cancelled and anyone who employed staff will need to close their PAYE scheme and submit final payroll reports.

Source:HM Revenue & Customs| 20-06-2022

Submitting CIS nil monthly returns

The Construction Industry Scheme (CIS) is a set of special rules for tax and National Insurance for those working in the construction industry. Businesses in the construction industry are known as 'contractors' and 'subcontractors' and should be aware of the tax implications of the scheme.

Under CIS, contractors are required to deduct money from a subcontractor’s payments and pass it to HMRC. The deductions count as advance payments towards the subcontractor’s tax and National Insurance.

Contractors who have not paid any subcontractors in a particular month are required to submit a 'CIS nil return' or notify HMRC that no return is due. If this is likely to be a longer term ‘nil return’, then the contractor can contact HMRC to make an inactivity request stating they have temporarily stopped using subcontractors. This request lasts for 6 months. You must notify HMRC if you start using subcontractors again during this period. 

Monthly returns must be submitted online. The monthly return relates to each tax month (i.e., running from the 6th of one month to the 5th of the next). The deadline for submission is 14 days after the end of the tax month. Even if no subcontractors have been paid during a month, contractors still have to make a nil return. All contractors are obliged to file monthly returns even if they are entitled to pay their PAYE quarterly.

Contractors are defined as those who pay subcontractors for construction work or who spent more than £3m on construction a year in the 12 months since they made their first payment.

Source:HM Revenue & Customs| 20-06-2022

Check employment status for tax

The Check Employment Status for Tax (CEST) tool can be used to help ascertain if a worker should be classified as employed or self-employed for tax purposes in both the private and public sector.

The service provides HMRC’s view if IR35 legislation applies to a particular engagement and whether a worker should pay tax through PAYE. The service also helps determine if the off-payroll working in the public sector rules apply to a public sector engagement.

The software can be used to check the employment status of:

  • a worker providing services,
  • a person or organisation hiring a worker; or
  • an agency placing a worker.

HMRC has said that it will stand by the result given unless a compliance check finds the information provided was not accurate. HMRC will not stand by the results of contrived arrangements and those designed to get a particular outcome from the service. HMRC are clear that this would be treated as evidence of deliberate non-compliance and could result in higher penalties.

The service is anonymous, and the results are not stored online. However, the results can be printed and held for your own records. If any changes take place to the workers role their status should be reassessed.

Source:HM Revenue & Customs| 20-06-2022

Class 1A payment deadline

Class 1A NICs are paid by employers in respect of most benefits in kind provided to employees such as a company car. There is no employee contribution payable. If you provided taxable benefits to staff or directors your business is likely to have a Class 1A employers’ NIC liability. The deadline for paying class 1A NICs is 22 July 2022 if payment is made electronically (or 19 July 2022 if paying by cheque). 

The deadline for submitting the 2021-22 forms P11D, P11D(b) and P9D is 6 July 2022. The forms can be submitted using commercial software or via HMRC’s PAYE online service. Making good payment by 6 July (for tax purposes) will also automatically remove or reduce the Class 1A NICs liability, as the payment will be made prior to the due date for paying Class 1A.

Class 1A NICs are due in respect of most benefits provided to:

  • directors and certain other persons in controlling positions
  • employees
  • members of the family or households of the above.

Where a benefit is provided as part of salary sacrifice or other optional remuneration arrangement (OpRA), special rules apply and the Class 1A NICs are calculated as a percentage of the relevant amount. 

Certain conditions must apply before Class 1A NICs are due. These conditions are that the:

  • benefit must be from, or by reason of, an employee's employment and must be chargeable to Income Tax under ITEPA 2003 on an amount of general earnings as defined at Section 7(3) ITEPA 2003
  • employment must be 'employed earner’s employment' under social security law and employment as a director or an employee
  • benefit must not already attract a Class 1 NICs liability.
Source:HM Revenue & Customs| 20-06-2022